TEAS Response to Suspension Inquiry

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 87481371 CLARUS(Standard Characters, see http://uspto.report/TM/87481371/mark.png) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application(s) No(s). 30 2017 012 477.5/10 being used as the basis for a priority claim under Section 44(d) of the Trademark Act has/have now registered; however, because the country of origin has not yet formally issued the actual registration certificate, it cannot be provided at this time to the USPTO.
Comment(s)/Remark(s):

We respond to Examining Attorney Amanda Rosen's Suspension Notice sent February 20, 2018.

                                                                         1.

Please amend the identification of goods to read:

"Retinal camera used in non-invasive imaging of the fundus of the eye to diagnose and document ocular disease, except for optical instruments and apparatus for medical and surgical endoscopy."

                                                                        2.

Undersigned counsel has not yet received a copy of the German registration. It had to be amended. Applicant will, therefore, retain both filing bases.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Retinal camera used in non-invasive imaging of the fundus of the eye to diagnose and document ocular disease
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Germany application number 302017012477 filed 05/17/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Retinal camera used in non-invasive imaging of the fundus of the eye to diagnose and document ocular disease; Retinal camera used in non-invasive imaging of the fundus of the eye to diagnose and document ocular disease, except for optical instruments and apparatus for medical and surgical endoscopy."Class 010 for Retinal camera used in non-invasive imaging of the fundus of the eye to diagnose and document ocular disease, except for optical instruments and apparatus for medical and surgical endoscopy."
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Germany application number 302017012477 filed 05/17/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.


Response Suspension Inquiry Signature
Signature: /V.T. GIORDANO/     Date: 06/12/2018
Signatory's Name: V.T. GIORDANO
Signatory's Position: ATTORNEY OF RECORD, NEW YORK BAR MEMBER
Signatory's Phone Number: 212-661-1400

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 87481371
Internet Transmission Date: Tue Jun 12 17:30:17 EDT 2018
TEAS Stamp: USPTO/RSI-XXX.XX.XX.XX-20180612173017910
906-87481371-610fe869ccd9abe7c7d213ad0bb
ea933a2ffc36f14531aa6e25ccb4cb4daba994-N
/A-N/A-20180612172356549457